Mayor And City Council Of Ocean City To Pay $38,000 To Settle EEOC Age Bias And Retaliation Suit

Agency Said Older Candidate Denied Job Due to Age and Retaliation

BALTIMORE –The mayor and city council of Ocean City, Md., will pay $38,000 and furnish other relief to settle an age discrimination and retaliation lawsuit filed by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.

According to EEOC’s suit (JFM/PWG-10-02690), filed in U.S District Court for the District of Maryland, Northern Division, Anthony Indge was not hired into the full-time position of airport associate because of his age, 62 at the time of his application, and was not rehired into the position of temporary line technician in retaliation for his complaints about age discrimination. Indge had been employed as a temporary line technician and had filled in as an airport associate in 2007 and 2008. While interviewing Indge, the airport manager at the time (the hiring official) made ageist comments to Indge, despite previously having informed Indge that his performance made him a valued employee.

The Age Discrimination in Employment Act (ADEA) protects people 40 years of age or older from employment discrimination based on age. The ADEA’s protections apply to both employees and job applicants. It is also unlawful to retaliate against an individual for opposing employment practices that discriminate. The EEOC filed suit after first attempting to reach a voluntary settlement.

The three-year consent decree settling the suit enjoins the mayor and city council of Ocean City from any further discriminating against applicants and employees on the basis of age or retaliating against employees who oppose age discrimination. In addition, all current and future managers and current employees will receive training on federal laws prohibiting employment discrimination with an emphasis on age discrimination, harassment, and retaliation. The initial training will be conducted by the EEOC. Ocean City also must post a notice affirming its commitment to maintaining an environment free from employment discrimination.

“It is important that all employees know that age discrimination is illegal in all facets of their employment,” said EEOC Regional Attorney Debra M. Lawrence. “Employers have a responsibility to provide all employees and applicants with fair and decent treatment, regardless of age.”

The EEOC enforces federal laws prohibiting employment discrimination. Further information about the Commission is available on its web site at www.eeoc.gov.